26 U.S.C. 4973: Tax on excess contributions to certain tax-favored accounts and annuities

2022

• Pub. L. 117–328 inserted at end of concluding provisions: "Such term shall not include any designated nondeductible contribution (as defined in subparagraph (C) of section 408(o)(2)) which does not exceed the nondeductible limit under subparagraph (B) thereof by reason of an election u… (Consolidated Appropriations Act, 2023) Law text · (b)

2014

• Pub. L. 113–295, §102(b)(1), added par. (6). Law text · (a)
• Pub. L. 113–295, §102(b)(2), added subsec. (h). Law text · (h)

2004

• Pub. L. 108–311 substituted "subsection (a)(3)" for "subsection (a)(2)" in introductory provisions. (Working Families Tax Relief Act of 2004) Law text · (c)

2003

• Pub. L. 108–173, §1201(e)(1), added par. (5). (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (a)
• Pub. L. 108–173, §1201(e)(2), added subsec. (g). (Medicare Prescription Drug, Improvement, and Modernization Act of 2003) Law text · (g)

2001

• Pub. L. 107–22, §1(b)(1)(C), substituted "a Coverdell education savings" for "an education individual retirement". Law text · (a)
• Pub. L. 107–16, §641(e)(11), substituted "408(d)(3), or 457(e)(16)" for "or 408(d)(3)". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (b)
• Pub. L. 107–22, §1(b)(4), substituted "Coverdell education savings" for "education individual retirement" in heading. Law text · (e)
• Pub. L. 107–16, §402(a)(4)(A), which directed the substitution of "qualified tuition" for "qualified State tuition" wherever appearing in subsec. (e), could not be executed because the term "qualified State tuition" did not appear subsequent to amendment by section 401(g)(2)(D) of Pub. L. 107–16, w… (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (e)
• Pub. L. 107–22, §1(b)(2)(B), substituted "Coverdell education savings" for "education individual retirement" in introductory provisions. Law text · (e)
• Pub. L. 107–16, §401(a)(2), (g)(2)(D), substituted "$2,000" for "$500" and inserted "and" at end. (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (e)
• Pub. L. 107–16, §401(g)(2)(D), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "if any amount is contributed (other than a contribution described in section 530(b)(2)(B)) during such year to a qualified State tuition program for the b… (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (e), (C)
• Pub. L. 107–22, §1(b)(2)(B), substituted "Coverdell education savings" for "education individual retirement". Law text · (e)

2000

• Pub. L. 106–554, §1(a)(7) [title II, §202(b)(10)], substituted "an Archer" for "a Archer". (Consolidated Appropriations Act, 2001) Law text · (a)
• Pub. L. 106–554, §1(a)(7) [title II, §202(a)(6)], substituted "Archer MSA" for "medical savings account". (Consolidated Appropriations Act, 2001) Law text · (a)
• Pub. L. 106–554, §1(a)(7) [title II, §202(a)(6), (b)(2)(C), (6)], substituted "Archer MSAs" for "medical savings accounts" in heading, "Archer MSAs" for "medical savings accounts" in introductory provisions, and "Archer MSA" for "medical savings account" in concluding provisions. (Consolidated Appropriations Act, 2001) Law text · (d)

1998

• Pub. L. 105–206, §6023(18)(A), amended section catchline generally. Prior to amendment, catchline read as follows: "Tax on excess contributions to individual retirement accounts, medical savings accounts, certain section 403(b) contracts, and certain individual retirement annuities". (Internal Revenue Service Restructuring and Reform Act of 1998) Law text
• Pub. L. 105–206, §6005(b)(8)(B)(i), inserted "a contribution to a Roth IRA or" after "other than". (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (b)
• Pub. L. 105–206, §6005(b)(8)(B)(ii), inserted "(including the amount contributed to a Roth IRA)" after "annuities". (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (b)
• Pub. L. 105–206, §6004(d)(10)(A), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: "In the case of education individual retirement accounts maintained for the benefit of any 1 beneficiary, the term 'excess contributio… (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (e)
• Pub. L. 105–206, §6004(d)(10)(B), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "Any contribution described in section 530(b)(2)(B) to a qualified State tuition program." (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (e), (C)
• Pub. L. 105–206, §6005(b)(8)(C), made technical amendment to directory language of Pub. L. 105–34, §302(b). See 1997 Amendment note below. (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (f)
• Pub. L. 105–206, §6005(b)(8)(A)(i), substituted "Roth IRAs" for "such accounts". (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (f)
• Pub. L. 105–206, §6005(b)(8)(A)(ii), substituted "by the individual to all individual retirement plans" for "to the accounts". (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (f)

1997

• Pub. L. 105–34, §213(d)(1), added par. (4). (Taxpayer Relief Act of 1997) Law text · (a)
• Pub. L. 105–33 inserted "or section 138(c)(3)" after "section 220(f)(3)" in concluding provisions. (Balanced Budget Act of 1997) Law text · (d)
• Pub. L. 105–34, §213(d)(2), added subsec. (e). (Taxpayer Relief Act of 1997) Law text · (e)
• Pub. L. 105–34, §302(b), as amended by Pub. L. 105–206, §6005(b)(8)(C), added subsec. (f). (Taxpayer Relief Act of 1997) Law text · (f)

1996

• Pub. L. 104–191, §301(e)(1), inserted "medical savings accounts," after "accounts," in section catchline. (Health Insurance Portability and Accountability Act of 1996) Law text
• Pub. L. 104–191, §301(e)(1)–(3), struck out "or" at end of par. (1), added par. (2), and redesignated former par. (2) as (3). (Health Insurance Portability and Accountability Act of 1996) Law text · (a)
• Pub. L. 104–188, §1704(t)(72), provided that section 521(b)(41) of Pub. L. 102–318 shall be applied as if "section" appeared instead of "sections" in the material proposed to be stricken. See 1992 Amendment note below. (Small Business Job Protection Act of 1996) Law text · (b)
• Pub. L. 104–188, §1704(t)(70), substituted "section" for "sections". (Small Business Job Protection Act of 1996) Law text · (b)
• Pub. L. 104–191, §301(e)(4), added subsec. (d). (Health Insurance Portability and Accountability Act of 1996) Law text · (d)

1992

• Pub. L. 102–318, which directed the substitution of "sections 402(c)" for "sections 402(a)(5), 402(a)(7)", was executed by substituting "sections 402(c)" for "section 402(a)(5), 402(a)(7)". See 1996 Amendment note above. · (b)

1988

• Pub. L. 100–647 substituted "shall be computed without regard to section 219(g)" for "(after application of section 408(o)(2)(B)(ii)) shall be increased by the nondeductible limit under section 408(o)(2)(B)" in last sentence. · (b)

1986

• Pub. L. 99–514, §1102(b)(1), inserted at end "For purposes of paragraphs (1)(B) and (2)(C), the amount allowable as a deduction under section 219 (after application of section 408(o)(2)(B)(ii)) shall be increased by the nondeductible limit under section 408(o)(2)(B)." · (b)
• Pub. L. 99–514, §1848(f), in introductory provisions, substituted "or individual retirement annuities" for ", individual retirement annuities, or bonds", in par. (1)(A), substituted "(other than a rollover contribution described in section 402(a)(5), 402(a)(7), 403(a)(4), 403(b)(8), or 408(d)(3)), … · (b)

1984

• Pub. L. 98–369, §491(d)(55), substituted "and certain individual retirement annuities" for "certain individual retirement annuities, and certain retirement bonds" in section catchline.
• Pub. L. 98–369, §491(d)(41), inserted "or" at end of par. (1), struck out "or" at end of par. (2), struck out par. (3) which imposed a tax in the case of a retirement bond, within the meaning of section 409, established for the benefit of any individual, and in the concluding provision… · (a)
• Pub. L. 98–369, §491(d)(43), substituted in provision following par. (2)(C) "or the individual retirement annuity" for ", individual retirement annuity, or bond". · (b)
• Pub. L. 98–369, §491(d)(42), which directed the amendment of subpar. (A) by substituting "and 408(d)(3)" for "408(d)(3), and 409(b)(3)(C)" was executed, as the probable intent of Congress, by substituting "or 408(d)(3))" for "408(d)(3)), or 409(b)(3)(C)". · (b)
• Pub. L. 98–369, §491(d)(44), substituted "or 408(d)(3)(A)(iii)" for ", 408(d)(3)(A)(iii), or 409(b)(3)(C)". · (c)

1981

• Pub. L. 97–34, §311(h)(9), substituted "The tax imposed by this subsection shall be paid by such individual" for "The tax imposed by this subsection shall be paid by the individual to whom a deduction is allowed for the taxable year under section 219 (determined without regard to subse… · (a)
• Pub. L. 97–34, §313(b)(2), inserted "405(d)(3)," after "403(b)(8),". · (b)
• Pub. L. 97–34, §311(h)(7), substituted "section 219" for "section 219 or 220". · (b)
• Pub. L. 97–34, §311(h)(7), (10), substituted "section 219" for "section 219 or 220", and "section 219(f)(6)" for "sections 219(c)(5) and 220(c)(6)". · (b)

1980

• Pub. L. 96–222, §101(a)(14)(B), inserted reference to section 402(a)(7). · (b)
• Pub. L. 96–222, §101(a)(13)(C), substituted "409(b)(3)(C)" for "409(d)(3)(C)". · (c)

1978

• Pub. L. 95–600, §156(c)(3), inserted reference to section 403(b)(8). · (b)
• Pub. L. 95–600, §157(b)(3), substituted "reduced by the sum of—" for "reduced by the excess (if any) of", struck out "the maximum amount allowable as a deduction under section 219 or 220 for the taxable year over the amount contributed to the accounts or for the annuities or bonds f… · (b)
• Pub. L. 95–600, §§157(j)(1), 701(aa)(1), struck out in last sentence "if such distribution consists of an excess contribution solely because of employer contributions to a plan or contract described in section 219(b)(2) or by reason of the application of section 219(b)(1) (without rega… · (b)
• Pub. L. 95–600, §156(c)(5), inserted "(other than a rollover contribution described in section 403(b)(8), 408(d)(3)(A)(iii), or 409(d)(3)(C))" after "account". · (c)

1976

• Pub. L. 94–455, §§1501(b)(8)(A), 1904(a)(22)(A), substituted "the individual to whom a deduction is allowed for the taxable year under section 219 (determined without regard to subsection (b)(1) thereof) or section 220 (determined without regard to subsection (b)(1) thereof), whiche… · (a)
• Pub. L. 94–455, §1501(b)(8)(B), inserted "or 220" after "under section 219". · (b)
• Pub. L. 94–455, §1501(b)(8)(C), inserted "or 220" after "under section 219" and "the taxable year and" before "all prior taxable years" and struck out provisions relating to the treatment of contributions out of individual retirement accounts, annuities or bonds to which section 408… · (b)
• Pub. L. 94–455, §1904(a)(22)(B), substituted "subsection (a)(2)" for "subsection (a)(3)" in provisions preceding par. (1). · (c)